The defendant shall be innocent.

1. Around July 18, 2007, at around 03:50 on July 18, 2007, the Defendant, as his employee, violated the restriction on vehicle operation by carrying more freight than the load load at the control room of vehicles violating the restriction on operation in the Dobong-si, Seoyang-si.

2. As to the facts charged in this case, the prosecutor of the judgment applied the part of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) that "if an agent, employee, or other worker of the corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article," and the summary order subject to retrial was notified and finalized.

However, after the summary order subject to review became final and conclusive, the Constitutional Court rendered a decision that the above part violates the Constitution (the Constitutional Court Order 2008HunGa17 Decided July 30, 2009), and the above part was retroactively invalidated pursuant to Article 47 of the Constitutional Court Act.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.